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03-24-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 The Clermont City Council met in a regular meeting on Tuesday, March 24, 2009 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of February 24, 2009 and March 10, 2009. Council Member Goodgame moved for approval of the February 24 minutes as written• seconded by Council Member Mullins The motion passed with all members present voting aye". Council Member Goodgame moved for approval of the March 10 minutes as written• seconded by Council Member Mullins The motion passed with all members present voting "ate PUBLIC COMMENTS Wally Herda asked for a revision of an ordinance related to a code violation giving 72 hours notice to remove a vehicle from his property. He requested the ordinance be updated to allow for additional days notice. He also suggested a revised ordinance related to steel flags located throughout the city. City Manager Saunders noted a locater service places the steel flags and it is their responsibility to collect. Jim Purvis, 4206 Hammersmith Drive, recalled an agreement for Celebration of Praise to connect their parking lot onto the South Lake Connector. The current driveway would become only an entrance and not an exit. He further noted the traffic issues with drivers making u-turns. He asked the council to review. Council Member Goodgame noted it is a work in progress. Denise Sherman was present representing the Clermont Downtown Partnership. The Partnership along with the Clermont Garden Club and St. Matthias Episcopal Church is sponsoring a benefit. It is the First Annual Beautify Clermont Arbor Day Tree Sale. It will take place on April 24 and 25. Cherry Lake Tree Farm will be supplying 1,500 3 gallon trees. This will benefit charities chosen by the 3 sponsors. She requested permission to use the former Clermont Library site as well as a water source. City Manager Saunders noted the City could run water. The trees would be delivered on Friday, April 24 at 2pm and would be removed by 3pm on Sunday. Council Member Goodgame moved for the approval of the Downtown Partnership and the_ Garden Club to use the old Cooper property on Montrose and Lake on April 24 25 and 26 for their Arbor Day Tree Sale• seconded by Council Member Mullins The motion passed with all members present voting "ave". Mayor Turville asked City Manager Saunders to take care of the water request City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 Mayor Yaeger of the City of Minneola was present. On March 17, the City of Minneola passed a Resolution for parrmutuel gambling and a quarter horse track. He is requesting support from the Lake County municipalities to have a referendum to allow the citizens to vote on this issue. He also suggested a Metro Fire and Police with the cities in south Lake County joining forces to have one board overseeing fire and police. Council Member Mullins questioned placing the referendum on the November ballot. Mr. Yaeger noted it is not allowed to be on the November ballot. This has to be a standalone referendum. Mayor Turville asked City Manager Saunders to properly advertise to consider a referendum and place on a Council agenda. City Manager Saunders stated he has been provided a sample Resolution and will place on an agenda. PROCLAMATION City Clerk Ackroyd read the National Child Abuse Prevention Month Proclamation aloud. Rhonda Hunt, Principal of Sawgrass Bay Elementary was present. She partnered with Cindy Barrow, Lake County School Board Member, to work towards preventing child abuse. She distributed bookmarks with blue ribbons. REPORTS City Manager Saunders scheduled a Council workshop to be held on March 31 at 6:OOp.m. City Attorney Mantzaris - No Report Council Member Hogan congratulated Cuqui Whitehead for being selected as the Gem of the Hills at the last Chamber meeting. Council Member Thompson - No Report Council Member Mullins commented on the success of the Pig on the Pond event. The annual community service awards will be held on Wednesday, Apri122. There are 3 winners from south Lake County. Council Member Goodgame suggested the City become involved in a Feed Clermont program to help feed hungry citizens. The city could furnish containers where citizens can donate canned goods or dry foods. Public Services could collect and deliver to the food banks within the city and recommended approximately 30 containers be placed inside local businesses. Council Member Goodgame motioned to move forward with this program. Mayor Turville suggested putting this item on an agenda to allow staff enough time to cover the details. Council Member Mullins suggested having staff input on implementation and recommended returning to Council at the first meeting in April. Council Member Goodgame motioned to put this on the agenda for consideration at the first meeting in April• seconded by Council Member Mullins. City Attorney Mantzaris voiced concern with the distribution of food to religious based organizations. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 The motion passed with all members present voting "aye" Council Member Goodgame stated the County failed to come up with matching funds for road improvements to Hartwood Marsh Road. The $3 million in matching funds from the Florida Department of Transportation will go to other projects. This grant was available for over 3 years. He suggested the south Lake County area find adequate ways to fund roads and schools. Also, it was brought up at the Tourism Board Meeting to increase the penny tax from 4 to 5 cents. Mission Inn was not in support of this increase and felt it would hurt their conventions. Mayor Turville congratulated the Pig on the Pond coordinators Cheryl Fishel and Lisa Jensen for organizing the successful event. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. I -Event Request Request from Donnie Burchfield, of Hope International Church, for use of Waterfront Park on May 30, 2009 for a SK Charity Run Item No. 2 -Change Order No. 5 Item No. 3 -Purchase Approval Item No. 4 -Inland Groves, Phase II Item No. S -Declaration of Restricted Covenants Request approval of Change Order No. 5 for the East Side Water Reclamation Facility Expansion, Phase 2, resulting in a reduction to the contract price of $3,810.28 Request authorization to purchase and install security cameras in and around City Hall from Stanley Security Solutions in the amount of $29,275. Request approval of a contract between the City of Clermont and Forest Environmental Solutions, LLC for the Prescribed Burn Plan for the Inland Groves Project Request approval of the agreement between the City and Florida Community Trust pertaining to the Declaration of Restrictive Covenants and grant calculations for Inland Groves, Phase II Council Member Goodgame commented on item 1. He suggested charging for events at Waterfront Pavilion and requested City Manager Saunders place it on the workshop agenda for discussion. Council Member Goodgame moved to approve consent agenda items 1 - 5• seconded by Council Member Mullins. The motion passed with all members present voting "a, Council Member Goodgame withdrew the motion 3 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 Bob Bowman questioned item 3 related to security cameras. He asked if there be would an opportunity for business owners on Montrose Street to be a part of this security system. City Manager Saunders noted the agreement would have to be amended and questioned whether the city wants to monitor private businesses. Council Member Goodgame requested the Council move forward with adding the businesses later. Council Member Hogan moved to table item 3• Mayor Turville passed the ,gavel to second the motion. Council Member Goodgame reiterated to move ahead with what we have planned. Mayor Turville expressed an interest in having surveillance cameras along Montrose Street. City Manager Saunders recommended moving forward and if the Council decides to monitor Montrose Street, it could be a separate project. Council Member Mullins suggested Community Redevelopment Agency (CRA) funds for a separate system. City Manager Saunders requested Council allow staff enough time to consider options. Mayor Turville called for the question. The motion passed 4 to 1 with Council Member Good ame opposing_ Council Member Goodgame moved for approval of items 1 2 4 and 5 of the consent agenda; seconded by Council Member Mullins The motion passed with all members present voting "aye". NEW BUSINESS Resolution 1607- Luz Y Vida Christian Center Mayor Turville read Resolution 1607 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church facility in the C-2 General Commercial Zoning District. Curt Henschel, Planner, presented the request to establish a church at an existing business plaza. Staff recommended approval of the request at the Citrus Tower Plaza. Greg Homan was present and has owned the Citrus Tower for 16 years. He welcomed the church. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`" Street, supported the Conditional Use Permit (CUP) request. Mayor Turville closed the public hearing. Council Member Goodgame questioned including a time frame. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 Mr. Henschel noted the language in section 1, number 11 which states -Should the church use become an infringement upon the other business within the plaza, the city reserves the right to reopen the CUP for additional review and conditions. Council Member Goodgame inquired about the zoning when the church moves out of the building. City Attorney Mantzaris explained the Council is allowing a church in this location; the zoning is not changing. Council Member Mullins moved for adoption of Resolution 1607• seconded by Council Member Goodgame. The motion passed with all members present voting "aye" Resolution 1608- Casa Del Ray Mayor Turville read Resolution 1608 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church facility in the C-2 General Commercial Zoning District. Curt Henschel, Planner, reported on the request to establish a church at an existing retail shopping plaza. Staff recommended approval of the request for a CUP to allow a church at 777 U.S. Highway 27. The applicant was present requesting approval. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, spoke in support. Mayor Turville closed the public hearing. Council Member Goodgame moved for adoption of Resolution 1608• seconded by Council Member Mullins. The motion passed with all members present voting "aye" Resolution 1609 -Heritage Hills Mayor Turville read Resolution 1609 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit to allow a temporary access road. Curt Henschel, Planner, presented the amendment to the CUP to allow for a temporary access roadway. The existing CUP provided a roadway connection from Hartwood Marsh east to Hancock Road. This internal road was designed to meet all city standards, and has been constructed halfway from Hancock Road. The applicant would like to construct the remaining half as a temporary sub-standard access road for the residents and construction crew to utilize. The road will be gated, so general public access will not be allowed. This temporary road will allow the remaining areas to be built out without damage to a permanent roadway. After the remaining areas are graded, the permanent roadway will be installed per the original CUP. Also, the original CUP states that the permanent roadway shall be completed prior to the issuance of the 301st certificate of occupancy. This condition will remain as a requirement. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 Staff was not opposed to the request. The intent of the original CUP is still in effect for the permanent roadway to be installed prior to the 3015` certificate of occupancy. Staff recommended approval of the CUP amendment request for a temporary access roadway because the requirement remains active. Dwayne Booth, BESH, was present requesting approval. The request is to build a sub standard road section to generate increased sales traffic. The request includes a reduction in the road pavement section and eliminating the curb for this portion of the road. The requirement to build a permanent road will remain. Mayor Turville opened the public hearing. Bobby Green, 3277 Salomon Lane, lives in this subdivision, questioned gate access. Rob Bonin, Lennar Homes, responded to the question. The gates will be set up to provide access to homeowners and set up where potential sales prospects could access through an intercom system. The gates would be closed during the day. The other entrance would stay the same. Cuqui Whitehead, 837 5"' Street, noted closing it in the evening would alleviate concerns of the residents. Mayor Turville closed the public hearing. Mayor Turville voiced a concern with traffic. Mr. Booth stated we are required to have the road by the 3015` home. There is a design in-house that has been approved by the St. Johns Water Management District, Lake County and staff subject to bonding for construction. The permanent design is complete. The amendment is to build a sub standard road section and no curbing meets all geometric design. The same issues will exist whether it is a temporary or permanent road. The temporary section is approximately 1,500 to 1,800 feet. Council Member Goodgame suggested a gate system on both sides and inquired about a construction entrance. Mr. Booth confirmed there is a construction entrance. Council Member Goodgame questioned approval of building a temporary road. City Manager Saunders explained there is no requirement however the CUP does not allow for a temporary road in the interim. Council Member Thompson expressed concerns with a temporary road. Mr. Booth explained everything meets the Department of Transportation (DOT) and the City of Clermont standards from the design standpoint. Furthermore, there is an agreement with the City of Clermont to upsize. When the permanent road is built, the utilities will also be put in which increases the cost. The request is to reduce the pavement section. It does have curb and gutter and the turn lanes meet County standards. City Manager Saunders added it is a sub standard road to the City's road requirements but not sub standard to rural road standards. It is still a safe road. Also, pointed out condition number 12 states it can only stay in operation for 2 years and then would have to return to Council to renew it or it will be closed after 2 years. As far as the gates are concerned, they will have the pass through traffic problem to deal with whether it is a temporary or permanent road. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 Mayor Turville questioned whether it is necessary to require a performance bond. City Manager Saunders confirmed it is required on a permanent road but not on a temporary road. Bobby Green, 3277 Saloman Lane, stated he is not against the plan and noted the gate is necessary. Council Member Goodgame moved for adoption of Resolution 1609• seconded b~ Council Member Thompson. The motion passed with all members present voting "aye" Water Service Agreement - Intikab & Nafeeza Hack Jim Hitt, Planning Director, reported on the water service agreement. The current well continues to collapse and the applicant is requesting water service to a single family home. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The applicant, Intikhab Hack, was present requesting Council approval. Mayor Turville opened the public hearing. Zee Rahammad, 15632 Laguna Road, owns property to the right of the applicant. He requested a line to connect to the city water supply system. He has a similar problem to that of the applicant. Mayor Turville questioned staff about the request. City Manager Saunders stated the owner would have to obtain easements and the City could accommodate through another agreement. The meters are located at the public right of way. Council Member Goodgame asked the applicant if the water would be used for irrigation. Mr. Hack stated he will have a shallow well for irrigation. City Manager Saunders noted if there was a way for the two individuals to share a line, the City would work with them. The City does not want to maintain a private line from the right of way to the property. There is a requirement in the agreement to annex if the property becomes contiguous, if the city wishes to do so. The City of Clermont requires anyone in the city to be on the sewer system and request this issue be addressed up front. He recommended language be added to require mandatory sewer at some point. Council Member Goodgame moved that the water service agreement for 15550 Laguna Road be approved with the understanding that when this property becomes Conti uous to the city thev must agree to be annexed and be connected to our sewer line when and if their septic tank should fail and you cannot replace your septic tank• seconded by Council Member Ho,~an• Council Member Mullins questioned only when the tank fails or include time certain language upon annexation. Citv Manager Saunders suggested lap uage to state once annexed the city may require he connect to sewer in the event that his septic tank fails Council Member Goodgame agreed to the language amendment as stated• seconded by Council Member Hogan 7 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 City Attorney Mantzaris suggested including that language in section 3 of the Notice of Encumbrance. The motion passed with all members present voting "a, Large Scale Comprehensive Plan Amendment Transmittal Hearing Ba tiara Hollerand, Planner, presented the proposed comprehensive plan amendment transmittal hearing. Th s represents the first of two submittals the City is permitted during the 2009 calendar year. It is an ad inistrative amendment. She informed the public of the Florida Department of Community Affairs (D A) citizen courtesy information list form if anyone is interested in signing up to receive the Notice of Int nt published in the Orlando Sentinel. Th amendment is a full rewrite of the Goals, Objectives and Policies of all elements of the co prehensive plan. It also amends the Future Land Use Map to reflect updated policies in the Future Land Use Element. It is being transmitted in preparation for the City's required Evaluation and Appraisal Report (EAR) to its comprehensive plan, due September 1. The EAR is a report card for the DCA on how well the City's plan is performing. It is also an opportunity for the state to ensure that local governments have incorporated new legislative requirements into their plans. This EAR is to focus on one or two key issues facing the City. One issue was Encouraging Future Economic Growth While Allowing for the Preservation of the City's Character and Natural Assets. The DCA will be reviewing the City's EAR to see how well the comprehensive plan is addressing this key issue. The City's proposed plan update includes 13 elements as well as a revamped Future Land Use Map that preserves the intent of the current map while increasing readability. The elements cover all areas of planning -Future Land Use, Transportation, Housing, Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water, Aquifer Recharge, Conservation, Recreation & Open Space, Public School Facilities, Intergovernmental Coordination and Capital Improvements. Since the adoption of the City's comprehensive plan in 1991, the City has grown in population from about 7,000 residents to more than 24,000. Although the comprehensive plan's goals, objectives and policies have served the City well in these last two decades of unprecedented growth, the 1980s data supporting those policies became obsolete. Each element includes goals, objectives and policies and newly updated data and analysis. Only the goals, objectives and policies and the Future Land Use Map are adopted; however, the 2009 data and analysis provides an important baseline for future updates to the plan. This effort to update the comprehensive plan has been underway for about a year now. Up until this time, the effort has been staff-driven, as we worked with a consultant to collect updated data and write the policies, which represent a blending of our currently adopted policies, new legislative requirements and contemporary planning principals. In January, a series of workshops and meetings were held to introduce the updated map and to present drafts of the revised goals, objectives and policies. The City Council had three workshops on the new plan, and the Planning and Zoning Board held a workshop on the map in February. The City also held a community workshop in February. If the amendment package is approved, the City will receive the Objections, Recommendations and Comments Report from DCA by the end of May, and will bring the amendment back to the City Council for adoption in June. This should provide the City with the "Notice of Intent" from DCA by mid-August. Since the EAR is due in early September, the public hearings will begin in July or August and then submit the EAR by the deadline. The City will need to adopt the Capital Improvements Element at hearings next month to satisfy the 2008 requirement. Although the Capital Improvements Element is part of the transmittal package, Florida Statutes require each local government adopt a revised element annually by ordinance. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 24, 2009 This element will return to Council in the same form, but will be "Chapter VIII" of the currently approved comprehensive plan until it is renumbered as "Chapter XIII" of the proposed plan. There are more elements in the proposed comprehensive plan. The most significant change is the revised format for the Future Land Use Map (FLUM) and Future Land Use Element. The proposed FLUM takes the information on the currently adopted two-tier map and depicts it in a simpler format. The proposed FLUM preserves most of the information in the currently adopted map, but replaces Appendix C with policies in the Future Land Use Element itself. The map does include modifications from the currently adopted map. The industrial land use on Map 1 near the downtown has been replaced with either downtown mixed-use or commercial to reflect changing conditions in that area of the City. Office is a new category that replaces the current "Residential/Professional" future land use. This recognizes that some properties are only suitable for office uses and not office or multifamily. The new map consolidates the Future Land Use categories down to Conservation, Parks, Public Facilities/Institutional, Residential Office, Mixed-Use, Commerce and Industrial. Descriptions of each category are now included in the Future Land Use Element. The element also provides policies on how the City will designate future churches, parks, City buildings and other uses within Master Planned Developments. Ms. Hollerand also reviewed several changes since last reviewed at a Council workshop. This plan does show deficiencies in parks acreage as early as 2015 and in some recreation facilities. This is due to the DCA-approved population projections for Clermont are overstated. In future years, the 2015 and 2020 projections will be adjusted downward to reflect actual population growth trends. The Planning and Zoning Board did not have any text changes for the proposed plan and recommended approval of the transmittal to the City Council. Staff recommended approval of the text changes to the goals, objectives and policies of all elements of the comprehensive plan and approval of the proposed Future Land Use Map. Council Member Goodgame inquired about making changes to the Capital Improvements Schedule. City Manager Saunders noted the CIP has to be amended annually. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, expressed support of the changes. Mayor Turville closed the public hearing. Council Member Goodeame moved that item 10 of the Lame Scale Comprehensive Plan amendment be approved for transmittal with the changes• seconded by Council Member Mullins. The motion passed with all members present voting "aye" ADJOURN: With no further comments, this meeting was adjourned at 9:23pm. APPROVED: v ~~~~. arold S. Turville, Mayor ATTEST: , Tra Ackroyd, City Jerk 9